SMART CHIP PVT. LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent, heard finally at the stage of admission.

(2.) By this Petition, filed under Article 226 of the Constitution of India, the Petitioner is invoking extra-ordinary writ jurisdiction of this Court against the act of Respondent Nos.1 and 2 of treating Respondent No.3 as a qualified Bidder, despite Respondent No.3 being debarred and blacklisted by the State Government of Sikkim, which act of Respondent Nos.1 and 2, according to the Petitioner, is illegal, arbitrary, malafide and in violation of the express terms of the Tender Document dated 17th August 2015. The Petitioner is, therefore, seeking a writ in the nature of mandamus directing Respondent Nos.1 and 2 to declare Respondent No.3 to be a disqualified Bidder and reject its technical and financial bid and further directing Respondent Nos.1 and 2 to declare the Petitioner as "L-1 Bidder" and, therefore, entitled to get contract under the said tender bid.

(3.) Brief facts, as are necessary, for deciding this Writ Petition can be stated as follows :-